Maxim 8.1.22
Arbitrators are judges.
Compromissarii sunt judices.
Source: Jenk. Cent. 128; Jackson
Difficulty 2/5 — Approachable
Explanation
Persons chosen by the parties to resolve their dispute exercise a judicial function and are bound by the same principles of impartiality and fairness as judges of the court.
Where this applies
- We chose an arbitrator to settle our business dispute — are they held to the same standards as a judge?
- Our arbitration agreement gives the arbitrator decision-making authority — is that a judicial function?
Legal domains
Cite this maxim
NeCede Max. 8.1.22 — Arbitrators are judges. — Jenk. Cent. 128; Jackson (Compromissarii sunt judices.)
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